Nelling v. Chicago, St. Paul & Kansas City Railway Co.
Supreme Court of Iowa
Appeal from Blackhaivk District Court. — Hon. J. L. Husted, Judge. Plaintiff states as her cause of action that John Nelling, while in the employ of defendant as a section man, was, without fault or negligence on his part, and because of certain acts of negligence, specified, on the part of defendant’s employes, run over by one of defendant’s trains, and killed, wherefor she asks to recover ten thousand dollars damages.
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Appeal from Blackhaivk District Court. — Hon. J. L. Husted, Judge. Plaintiff states as her cause of action that John Nelling, while in the employ of defendant as a section man, was, without fault or negligence on his part, and because of certain acts of negligence, specified, on the part of defendant’s employes, run over by one of defendant’s trains, and killed, wherefor she asks to recover ten thousand dollars damages. Defendant answered, denying generally, and alleging contributory negligence. The case proceeded to trial before a jury, and at the conclusion of the evidence the court, on…
1Opinion of the CourtGiven, C. J.
I. The question presented on this appeal is whether the court erred in sustaining defendant’s motion for a verdict. The several grounds of the motion present but two questions, namely, that of contributory negligence on the part of deceased, and negligence, as alleged, on the part of defendant’s employes. The evidence shows without conflict that about 5 p. m. of July 28, 1890, John Nelling, Victor Gowry, and Jacob Lengenbough, three of defendant’s section men, were returning from the northeast, on a hand car, to Waterloo, from where they had been at work on the track. They stood facing in the…
2Cases cited1 opinion
- Meyer v. HouckSupreme Court of Iowa · 1892
3Cited by9 opinions
- Ch. & Ohio Ry. Co. v. Lang's Adm'xCourt of Appeals of Kentucky · 1909
- Haggerty v. St. Louis, Keokuk & Northwestern RailroadMissouri Court of Appeals · 1903
- Smith v. Southern Pacific Co.Oregon Supreme Court · 1911
- Schmidt v. HaydenSupreme Court of Iowa · 1928
- Bennett v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Iowa · 1921
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